As you may recall, in January 2011, the Seventh Circuit decided R.C. Wegman Constr. Co. v. Admiral Ins. Co., 629 F.3d 724. Here are a couple of updates on Wegman‘s impact:
First, the Indiana Litigator published my article, “Non-Trivial” Pursuit: New Seventh Circuit Opinion Raises Concerns for Insurers, in its Summer 2011 edition. Here’s a copy (the article starts on page 7). Now that I think about it, that’s less of an “impact” of the case, but the article summarizes some of the concerns insurers might have as a result of the decision.
Second, following up on the concerns raised in that article, Wegman hasn’t been cited all that often…yet. Only 2 federal district courts have cited the case as of today, and both of those found that it didn’t apply to their particular facts. We’ll continue to follow the case because that’s just the kind of folks we are.